RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02100
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His June 2010 Permanent Change of Station (PCS) from Buckley
AFB, CO to Schriever AFB, CO be retroactively reclassified as
Low Cost/No Cost so he can apply for a Basic Allowance for
Housing (BAH) Rate Protection Waiver.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been advised of, and approved for, a Low Cost/Not
Cost PCS when he moved to Schriever AFB, CO.
After only one year of a four-year controlled tour at Buckley
AFB, CO he was reassigned to Schriever AFB, CO, and received
permission from his gaining supervisor to reside in his house
near Buckley and commute to Schriever because of the financial
damages he would suffer if he had to sell. Although he made his
intentions clear to the servicing Military Personnel Flight
(MPF), he was not advised of the BAH Rate Protection Waiver or
the Low Cost/No Cost assignment classification. He received no
PCS entitlements, nor did the AF incur any PCS-related costs.
Since that time, he has learned of others who have been approved
for both the Low Cost/No Cost and BAH Rate Protection Waiver
upon reassignment from Buckley AFB to the Colorado Springs area.
In support of his appeal, the applicant provides a copy of his
PCS orders.
The applicants complete submission, with attachment, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System
(MilPDS) indicates the applicant currently serves in the Regular
Air Force in the grade of lieutenant colonel (O-5).
The remaining relevant facts pertaining to this application,
extracted from the applicants master personnel records, are
described in the letter prepared by the Air Force office of
responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPA recommends denial. In order to be considered for a
low-cost PCS, the member has to specifically ask for
consideration and must provide a written statement that he/she
will not relocate their household if provided a low-cost PCS.
This did not occur in the applicants case. Even if he made
such a request, it would not have been approved because it has
been the policy of this office not to approve low cost
assignments between Buckley AFB and other Air Force bases
located in the Colorado Springs area.
The complete DPAPA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates that this was an unexpected
reassignment from a 4-year controlled tour required to meet an
urgent requirement. As for the requirement to submit a formal
request for a low-cost PCS, he was not advised of this
requirement by his servicing MPF, but learned of it from another
military member. The notion that low cost assignments between
Buckley AFB and Air Force bases in the Colorado Springs area are
customarily disapproved seems to be arbitrary and not based on
fact as he personally knows of two other individuals whose
requests were granted.
The applicants complete response is at Exhibit D.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. The
applicant contends that his Military Personnel Flight (MPF)
failed to advise him that he could have applied for a Low
Cost/No Cost PCS. After a thorough review of the evidence of
record and the applicants complete submission, we believe a
preponderance of the evidence supports corrective action. While
we note the comments by AFPC/DPAPA indicating it is incumbent
upon the member to ask for a Low Cost/No Cost PCS in advance of
the assignment being consummated, we find his contention that he
was not properly counseled on the procedures required to request
consideration for a low cost/no cost PCS reasonable. We also
find the evidence supports that the circumstances of his
reassignment meet the requirement for designation as a low cost
PCS. Therefore, we recommend his records be corrected as
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that his
Permanent Change of Station (PCS) Order (AD-068137, dated 8
April 2010) be amended to change the PCS fund code from E to
V.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02100 in Executive Session on 10 Jan 2012 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered.
Exhibit A. DD Form 149, dated 23 May 11, w/atch.
Exhibit B. Letter, AFPC/DPAPA, dated 7 Nov 11
Exhibit C. Letter, SAF/MRBR, dated 10 Nov 11
Exhibit D. Letter, Applicant, dated 2 Dec 11
Panel Chair
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